[S. 407 CrPC] Only Cases & Appeals Can Be Transferred From One Court To Another, FIRs Cannot Be Transferred: Karnataka High Court
The Karnataka High Court has reiterated that First Information Reports (FIR) filed in different police stations cannot be transferred by invoking powers under Section 407 of the Criminal Procedure Code (CrPC) and that only cases and appeals can be transferred under such provision.A single-judge bench of Justice Shivashankar Amarannavar dismissed a plea filed by M/s Achievers Agri India (P)...
The Karnataka High Court has reiterated that First Information Reports (FIR) filed in different police stations cannot be transferred by invoking powers under Section 407 of the Criminal Procedure Code (CrPC) and that only cases and appeals can be transferred under such provision.
A single-judge bench of Justice Shivashankar Amarannavar dismissed a plea filed by M/s Achievers Agri India (P) Ltd seeking the transfer of 16 FIRs registered in different Police Stations to one of the Courts where the said crimes were pending trial.
In refusing the plea, the bench said, “Since the petitioners have sought for transfer of FIRs it cannot be said that a case is pending in the subordinate Court to invoke the powers of this Court under Section 407 of Cr.P.C. Only cases which are pending on the files of subordinate Courts can be considered for transfer.”
Relying on the Apex court judgment in the cases of Inder Singh vs. Kardar Singh [1979], the bench held that the transfer of FIR amounts to a transfer of investigation.
It held that investigations, unlike cases and appeals, cannot be transferred by invoking powers under Section 407 of Cr.P.C.
Following this, it dismissed the plea as not maintainable.
Appearance: Advocate N Devaraj for Petitioner.
Citation No: 2024 LiveLaw (Kar) 41
Case Title: M/s Achiever Agri India (P) Ltd & Others AND State By Sub Inspector Hebbagodi Police Station & Others
Case No: Criminal Petition No 3156 of 2022